Ma v Adams [2015] NSWSC 1452

Ma v Adams [2015] NSWSC 1452

The plaintiffs did not pay the deposit as required by the contract due to delivering a post-dated cheque, which was not a 'cheque' under the contract definition. Receipt by the estate agent without the vendor's authority did not constitute valid payment. Consequently, the defendant validly terminated the contract for breach of an essential term.

Parties
First Plaintiff: Jun Ma; Second Plaintiff: Deng Wan; Defendant: Daphne Dawn Adams
Jurisdiction
Australia
Judgment Date
02 October 2015
Procedural Posture
Contract Dispute / Final Judgment
Outcome
Plaintiffs' claim dismissed
Legal Topics
Contract for Sale of Land, Deposit Payment, Cheque Definition, Post Dated Cheque, Termination for Breach, Specific Performance
Contracts Property Law Contract for Sale of Land Deposit Payment Cheque Definition Post Dated Cheque Termination for Breach Specific Performance

Case Brief

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Parties

Jun Ma

First Plaintiff

Deng Wan

Second Plaintiff

Daphne Dawn Adams

Defendant

Procedural Posture

Contract Dispute / Final Judgment

Legal Issues

  1. 1 Whether the defendant's termination of the contract was valid due to the plaintiffs' failure to pay the deposit as required by the contract
  2. 2 Whether a post-dated cheque constitutes a 'cheque' for deposit payment under the contract
  3. 3 Whether the plaintiff gave the deposit cheque unconditionally

Ratio Decidendi

The plaintiffs did not pay the deposit as required by the contract due to delivering a post-dated cheque, which was not a 'cheque' under the contract definition. Receipt by the estate agent without the vendor's authority did not constitute valid payment. Consequently, the defendant validly terminated the contract for breach of an essential term.

Court Disposition

Plaintiffs' claim dismissed

Orders

  • The plaintiffs' amended summons is dismissed.
  • The plaintiffs are ordered to pay the defendant's costs of the proceedings.